The 1975 Act: The status of adult claims and the treatment of conditional success fees

Gatehouse Chambers | September 2022 #236
Adult claims under the 1975 Act often require more than need and a relevant relationship. Cameron Stocks explains Financial need plus relevant relationship will not always be enough. It will often be the case that there will need to be ‘something more’ to justify an award being made. The decision in Batstone v Batstone [2022] …

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Claims by adult child beneficiaries: Is there any hope after Miles v Shearer?

RWK Goodman | March 2022 #231
Amanda Noyce reviews the latest cases under the 1975 Act and summarises the lessons on funding such claims With regard to adult able-bodied children, there is a need to ‘prove something more’ than just the qualifying relationship. ‘Where there’s a will, there’s a way’ is a great self-motivational message – until there’s an inheritance involved. …

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Inheritance: What is financial need?

Radcliffe Chambers | December 2021 #229
Sophia Rogers looks at a decision illuminating the position on the recovery of CFA success fees in Inheritance Act 1975 awards Unless a CFA-funded claimant can recover their success fee or a contribution thereto as part of their award, the success fee constitutes a debt which may undermine the purpose of their carefully tailored, needs-based …

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The 1975 Act: After Ilott

The Burnside Partnership | September 2021 #226
Tara McInnes reports on a recent decision in the county court that indicates an understanding approach towards an eligible claimant with little provision and financial need The judge was keen to point out that we still have a system of testamentary freedom. To enable the courts to interfere with such freedom, it needs to be …

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